Change of circumstances

KYLE1234567

Hello there, I have done the big big mistake to book my flights, but I havent received the letter from ESA yet. PIP only wants me to phone them the day before I travel. What I have to do with ESA, may I call them saying that I didn't receive their application form and leave anyway? 

poppy12345

How long are you intending to be out of the country for? is it a holiday?

KYLE1234567

Hello, I booked for 28 days, yes it is a holiday

poppy12345

Then you are risking your ESA ending. I can't remember if they day you leave and the day you come home are included in the maximum time you're allowed. Others may know more.

KYLE1234567

From the 24th of November until the 22nd of December....exactly 28 days.....if I am risking to lose my ESA I won't travel even if I lose ticket

HillStreetBlues

poppy12345 said:

if they day you leave and the day you come home are included in the maximum time you're allowed

Interesting question with maybe two answers.
One is the legal rules, that is 28 days,  then if a person got the same return flight back, they would be 28 days plus a few hours.
Then there is how the rules are enforced.

KYLE1234567

Thanks to both of you Poppy and Hillstreetblues, When I called them, ESA was also mentioning the Stamp date on my passport, which will be showing 25th/11 and 21st/12. (26 days)

calcotti

KYLE1234567 said:

Hello, I booked for 28 days, yes it is a holiday

Very risky regardless of whether days of entry and exit count as in or out of Great Britain. Any disruption to your return flights causing you to be delayed will result in the loss of your ESA.

KYLE1234567

I've just called ESA and they said that there is no application form to fill and send back......they just counted that it will be for 28 days...I just have to call them when I land and hopefully no delays/disruptions as calcotti said......in that scenario I will have to apply for UC.

calcotti

Found this
https://assets.publishing.service.gov.uk/government/uploads/system/uploads/attachment_data/file/661494/admc4.pdf

Meaning of “in Great Britain”

C4007  To be “in” a place means to be physically there on the day or period in question. It is not the same as being resident in a place. A person may be resident in a place without being present there1 and vice versa.

Days of arrival and departure

C4008  With regard to any particular day, a person should be regarded as present if they are in GB for part of a day: thus the day when a person arrives in GB and a day when they leave count as days when they are “in” GB.

The above guidance refers to new style ESA but I think the rules will be the same for old ESA but I can't find the applicable guidance.

Therefore if you leave on 24th November and you arrive back in GB on 22nd December it appears you will have been absent from GB for 27 days.

KYLE1234567

Thank you so much for your reply calcotti